Report to: Development Services Committee Report Date: June 15, 2010

SUBJECT: RECOMMENDATION REPORT

Scardred 7 Company Limited

4038 Highway 7

Applications for Official Plan and zoning by-law amendments to permit additional commercial uses in two existing commercial buildings (former White Rose Nurseries garden centre and head office)

File Nos: OP 09 116642 & ZA 09 116689

PREPARED BY: Scott Heaslip, Senior Project Coordinator,

Central District, extension 3140

RECOMMENDATION:

1) That the report dated May 18, 2010 titled “RECOMMENDATION REPORT, Scardred 7 Company Limited, 4038 Highway 7, Applications for Official Plan and zoning by-law amendments to permit additional commercial uses in two existing commercial buildings (former White Rose Nurseries garden centre and head office), File Nos: OP 09 116642 & ZA 09 116689”, be received.

2) That the record of the Public Meeting held on November 3, 2009 with respect to the proposed amendments to the Official Plan and Zoning By-law, be received.

3) That the applications be approved, subject to modifications, as outlined in the staff report.

4) That staff report to Development Services Committee on site plan approval and bring implementing Official Plan and zoning by-law amendments forward for enactment when the project plans have been refined to the satisfaction of staff.

5) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable.

PURPOSE:

The purpose of this report is to provide information regarding the Official Plan and zoning by-law amendment applications submitted by Scardred 7 Company Limited for 4038 Highway 7, and to recommend that the applications be approved, subject to modifications, as outlined in this report.

BACKGROUND:

Subject property and area context

The subject property has an area of 2.4 hectares (6 acres) and is located on the north side of Highway 7, east of Village Parkway (Figure 1). The front portion contains a one-storey, 2182 m² (23,500 ft²) building, formerly a White Rose Nurseries garden centre, currently occupied by Garry’s Garden Gallery. The rear portion is occupied by a vacant one-storey 2,400 m² (27,000 ft²) building which was formerly the White Rose Nurseries head office.

To the east are Volvo and Audi car dealerships. To the north and north-east the east are existing single family residential neighbourhoods. To the south across Highway 7 are vacant lands owned by the Times Group Inc. which are proposed to be developed for commercial and high density residential uses. To the west are vacant lands, designated and zoned for residential use, owned by the Sobey’s supermarket chain (Figure 3).

Official Plan and Zoning

The subject property is designated “Urban Residential” in the Official Plan. A site-specific policy permitting “nurseries and garden centres” and “business offices” recognizes the long standing White Rose garden centre and associated head office uses on the subject property.

The north portion of subject property is designated “Urban Residential-Low Density 1” in Secondary Plan PD1-15 (OPA 15) (the “Secondary Plan”). This designation provides for single detached dwellings at a residential density not to exceed 14.8 units per hectare (6 units per acre). The south portion of the subject property is designated “Urban Residential- Medium Density II” in the Secondary Plan, which provides for multiple dwelling units at an overall density not to exceed 62 units per hectare (25 units per acre) in buildings not to exceed four storeys. An Official Plan amendment is required to provide for the additional commercial uses.

The subject property is zoned “Special Commercial One (SC1)” by Zoning By-law 118-79, as amended. A site-specific amendment restricts permitted uses to the nursery and office uses provided for in the Official Plan.

Applicant requesting additional commercial uses within the two existing buildings on the property

Scardred 7 Company Limited has applied to amend the Official Plan and Zoning By-law to permit additional uses, including retail stores, personal service shops, private schools and day care centres, medical offices, places of worship, veterinary clinics, restaurants, libraries and art galleries and financial institutions.

The front building (existing garden centre) is proposed to be partitioned into a minimum of four units facing south and west, with each having a maximum floor area of approximately 1,500 m² (16, 146 ft²). The rear building is proposed to be partitioned into smaller units facing east and west (Figure 4). Restaurant uses are requested for the west portion of the front building only. Sufficient site area is available to provide parking in accordance with the Town’s standards.

The applicant is not proposing any additions or additional buildings to accommodate the proposed uses.

The applicant is requesting the additional proposed commercial uses to make the site more viable, while making improvements to the site, landscaping and upgrading the buildings.

The applicant has indicated to staff that they intend to ultimately redevelop the subject property with residential uses.

Statutory public meeting held on November 3, 2009

At the statutory Public Meeting, Committee and neighbouring residents identified some concerns and issues with the proposed development. Questions were raised about the future road pattern and connection to Ferrah Street, possibility of installing a traffic light, length of time for the proposed commercial uses, impact on the existing residential community, potential traffic impact and garbage issues associated with restaurants and why the owner is not going to “end state” redevelopment for residential uses.

OPTIONS/ DISCUSSION:

Official Plan and Secondary Plan contemplate residential use at this property

The Official Plan and Secondary Plan contemplate residential uses transitioning from medium density mid-rise form along Highway 7 to lower density form adjacent to the existing residential community. This residential intensification vision is appropriate to this location along the Highway 7 corridor.

Highway 7 Precinct Plan reinforces long term vision for residential use

Staff have worked with the community and the effected landowners, including representatives of the owner of the subject property, to develop a draft precinct plan for Highway 7, east of Warden Avenue. The draft precinct plan proposes to transform Highway7 into an “urban boulevard” lined with mid-rise residential and mixed-use buildings.

The draft precinct plan and the current Secondary Plan both show potential road alignments across the subject property. These alignments could not be fully implemented until the property is redeveloped in accordance with all applicable land use policies.

Significant capital investment in the existing buildings could entrench retail use for an extended period of time

The cost of the capital improvements required to accommodate retail use within the existing buildings would need to be amortized over the lifespan of the buildings.

The front building (Garry’s Garden Gallery) is a relatively new commercial building which appears to be in excellent condition. With relatively minor renovations, this building could be adapted to a wide range of retail and other commercial uses. This building would therefore not need to remain in retail use for an extended period of time to pay for the required capital improvements.

The rear building (former White Rose Nurseries head office), on the other hand, is a single tenant office building which appears to have been inexpensively constructed and is faced with corrugated metal siding. This building has been vacant for a number of years and is in poor condition, and would require extensive and costly renovations (likely an extensive rebuild) to accommodate the retail and service uses proposed by the applicant. To recoup the significant cost of these renovations, this building would therefore need to remain in retail use for a more significant period of time.

Approval of complete range of commercial uses requested by the applicant could set a precedent

In 1994, the Ontario Municipal Board approved applications by the previous owner of the adjoining property to the west (Treasureland) for a residential development consisting of six-storey apartment buildings and townhomes and single detached dwellings to the north.

The Treasureland property was subsequently sold to the Sobeys grocery chain which intended to develop the site for a supermarket. Town staff expressed concern to Sobeys regarding the proposal for a conventional supermarket at that highly visible “gateway” location on Highway 7. Possible mixed-use (retail at grade, residential above) concepts were discussed, but have not advanced. Sobeys has not, to date, formally applied to the Town.

Approval of the complete range of commercial uses requested by the applicant, across the entire site, could strengthen the case for the conversion of the Sobeys property to commercial use. The two properties combined would constitute a suburban type community shopping centre which is not contemplated at this location and which is inconsistent with the retail and built form vision for the Highway 7 corridor.

Required infrastructure to facilitate residential redevelopment will soon occur

With the recent development approvals on the south side of Highway 7 (Times Group), which requires infrastructure to develop their extensive project, the infrastructure will likely be installed with landowner funding over the next few years. A private cost sharing agreement amongst landowners is required to finance this infrastructure (sanitary, storm sewers and water mains). This infrastructure would facilitate residential intensification of the subject lands contemplated by the current Official Plan and draft precinct plan. Servicing requirements for the subject lands, and the applicant’s participation in cost sharing arrangements, will be reviewed at the site plan stage.

Temporary-use by-law discussed

Staff has discussed the option of a temporary use by-law with the applicant. The applicant advises that this option is not feasible as temporary use by-laws have a maximum three-year term, which is less than the typical minimum term commercial lease.

Staff can support a limited broadening of the commercial use permissions

Staff recognize that in the event the current tenant vacates the front building, the highly restricted use permissions (nursery and office uses only) would make it very difficult for the owner to secure a new tenant for the building. This would represent a significant hardship to the owner and could leave the building vacant, potentially for a number of years, in a high profile location along one of the Town’s primary roads. In recognition of this unique circumstance, and that the required renovations to this building would not represent a significant investment, staff can support the use permissions requested by the applicant for this building.

Staff cannot, however, support conversion of the rear building to a full range of retail uses as this would require extensive and costly renovations which could entrench retail use at this property for an extended period of time, unduly delaying the redevelopment of the property for residential use. The applicant has accepted this position, and has now requested the additional permissions for this building be limited to medical offices, private and commercial schools and day nurseries. These uses are acceptable as they are not in the form of “shopping centre” type uses, and can potentially be accommodated within the existing building with less extensive renovations than would apply to the originally requested retail storefront uses.

Staff will work with the applicant to refine the project plans

The applicant will need to apply for site plan approval for the proposed site, landscaping and building façade improvements. Staff will work with the applicant to refine the project plans, address the issues raised by residents at the public meeting and finalize the conditions of approval, including securing for the future road alignments. Staff will report to Committee on the site plan application and bring forward implementing Official Plan and zoning by-law amendment documents once the project plans have been refined to the satisfaction of staff and site plan issues have been addressed.

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable.

HUMAN RESOURCES CONSIDERATIONS

Not applicable.

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposed applications are for interim commercial use permissions in the existing buildings, pending future redevelopment of the lands for residential use in keeping with the Official Plan.

BUSINESS UNITS CONSULTED AND AFFECTED:

The applications have been circulated to various Town departments and external agencies and their comments have been incorporated in this report.

RECOMMENDED BY:

_____________________________ _______________________________

Biju Karumanchery, M.C.I.P.,R.P.P. James Baird, M.C.I.P.,R.P.P.

Senior Development Manager Commissioner, Development Services

ATTACHMENTS:

Figure 1- Location Map

Figure 2- Area Context and Zoning

Figure 3- Air Photo

Figure 4- Proposed Site Plan

Agent: Moiz Behar

MBPD Inc.

40 Vogell Road, Unit 46

Richmond Hill, ON, L4B 3N6

Tel: 905-292-1064

Fax: 905-292-7633

Email: moiz@mbpd.ca

File path: Amanda\File 09 116642\Documents\Recommendation Report